PDIP The Right Value Of The Statement By The Chairman Of The KPU Regarding Proportionally Closed: To Acquire Political Parties And Candidates For The Constitutional Court's Decision

Illustration-(DOC VOI)

Chairman of the PDIP DPP Ahmad Basarah assessed that the statement by KPU chairman Hasyim Asy'ari, who reminded all parties about the possibility of general elections for legislative members (Pileg) in 2024 was carried out proportionally and closed. This is in line with the application for the review of Law Number 7 of 2017 related to the electoral system at the Constitutional Court (MK). According to Basarah, the attitude of the KPU chairman who reminded the election participants was an action that had a legal basis. The Deputy Chairperson of the MPR explained that one of the KPU's obligations was to convey all information on organizing elections to the public, as stated in Article 14 letter c of the Election Law. "If observed, the KPU chairman's statement in the official forum for year-end records must be conveyed various important information and dynamics throughout 2022 that the election participants and the public need to know,’’ said Ahmad Basarah in Jakarta, Tuesday, January 3. According to Basarah, the public has the right to know various projections in 2023 to anticipate all plans for the success of the 2024 General Election agenda. One of them is the constitutionality test of Article 168 of the Election Law concerning an open proportionality system in elections in the Constitutional Court. "The petitioners basically want the election to be held proportionally closed, considering that this system is considered the most in accordance with the intent of Article 22E paragraph (3) of the 1945 Constitution, which states that the general election participants to elect members of the DPR and members of the DPRD are political parties," explained Basarah. The chairman of the PDIP MPR faction said that Article 24C paragraph (1) of the 1945 Constitution states that the Constitutional Court has the authority to try and test laws against the Constitution at the first and last levels whose decisions are final. "The final principle shows that the Constitutional Court's decision, whether against the request or granting the request, is a decision that no other legal remedies are available, binding, and must be implemented," he said. Thus, Basarah continued, in accordance with the constitution and the Constitutional Court Law, there are two possibilities for testing the Election system in the Election Law in the Constitutional Court, namely being rejected or granted. If the application is rejected, he said, of course the 2024 General Election mechanism will be the same as the 2019, 2014 and 2009 Election mechanisms which use open proportional. "But, if the request is granted, that decision will certainly have an influence on the preparation and mechanism of choice in the 2024 General Election, including having an influence on political parties and their legislative candidate,’’ explained the doctor in the field of constitutional law at Diponegoro University. Considering the two possibilities for the test results of the Election system at the Constitutional Court, Basarah assessed that the KPU chairman's statement was appropriate and was not intended to support certain electoral systems at all. He also reminded the elements of society that whatever electoral system the Constitutional Court decides, the KPU must implement it while the system has permanent legal force. Both because it has been regulated in the Election Law and based on the Constitutional Court's decision. "The statement by the chairman of the KPU is actually to remind that the experience so far shows that the Constitutional Court's decision has an effect on the stages of holding elections," said Basarah. Previously, the Chairman of the General Election Commission (KPU) Hasyim Asy'ari, talked about the possibility that the 2024 General Election or Election system would return to using a closed proportional system. He said the system was being discussed through the Constitutional Court (MK) trial. However, Hasyim explained, it was only an assumption based on the existence of a lawsuit at the Constitutional Court regarding the current electoral law. So it is not a proposal from the KPU but from the current electoral factual conditions. "So maybe prospective election participants can get ready and follow developments if the Court grants the lawsuit," he said during the KPU Year End Note event at the KPU office, Menteng, Central Jakarta, Thursday, December 29, 2022.